DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Dear : Docket No: 1072-19 Ref: Signature Date This is in reference to your application of 27 December 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three- member panel of the Board, sitting in executive session, considered your application on 21 October 2019. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 12 December 1996. On 20 November 2001, you received non-judicial punishment (NJP) for unauthorized absence (UA) and communicating a threat. You were warned that failure to take corrective action may result in administrative separation or judicial proceedings. On 21 November 2001, you received a second NJP for UA and failure to obey orders. Following your NJP, you began a period of UA that lasted until 17 January 2002, when you surrendered at Naval Hospital . On 22 January 2002, you received a psychological evaluation at the hospital and you were placed on limited duty with no deployment or access to weapons with the recommendation for a mental health evaluation upon return to your duty station. On 11 February 2002, you had a mental health evaluation during which you reported depression after your spouse took your son and left your home. The medical officer noted that you managed to function until your second NJP, but then you went UA and returned to your home state. You strongly denied suicidal or homicidal ideation and you expressed your desire to leave the Navy and return to Texas. You were diagnosed with depressive disorder, and narcissistic personality disorder with borderline and anti-social traits. You were returned to full duty. The medical officer noted that you were responsible and accountable for your actions and strongly recommended separation due to unsuitability and maladaptive pattern of behavior. On 20 February 2002, you were convicted at a summary court-martial (SCM) for UA. You were sentenced to forfeiture of pay, confinement, and reduction in rank to E-1. On 5 March 2005, administrative action was initiated to separate you from the naval service by reason of misconduct. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you be separated with an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Navy. On 22 March 2002, you were so discharged. On 13 June 2012, the Naval Discharge Review Board (NDRB) notified you of their decision regarding your request to upgrade your discharge. The NDRB found that your OTH discharge for misconduct under other than discharge was proper and equitable. You requested that the Board upgrade your discharge. You asserted that you should not be held accountable for what happened under the circumstances because you were not in your right mind. In support of your petition you attached the following: a personal statement dated 14 May 2003; a Department of Veterans Affairs (VA) Rating Decision, dated 19 October 2018; and a VA letter, dated 14 December 2018, notifying you of their determination that your period of service from 10 October 2000 until 22 March 2002 is considered honorable for VA purposes. The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded that these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in two NJPs and a SCM. The Board noted that the mental health evaluation done at the time of your active duty service found you were responsible and accountable for your actions. The Board concluded that you did not provide sufficient evidence to establish the existence of probable material error or injustice. The VA’s decision to upgrade your discharge to honorable does not change or upgrade your characterization of service. However, that decision allows you to avail yourself of VA benefits. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice Sincerely,